THE BLOG
11/19/2013 03:40 pm ET Updated Dec 06, 2017

I Filed My Own Bankruptcy. My Private Student Loans Were Not Discharged.

Huffington Post Reader Question

Dear Steve,

I filed bankruptcy in Colorado in in 2010. Student Loans Finance corporation is still harassing me to pay back a private loan. The federal portion of the loan was paid back. They are saying that private student loans are not dischargeable. That is not what I was told. I did not use an attorney when I filed bankruptcy. It was my understanding that the private loan would be discharged.

Was the private loan discharged when I filed bankruptcy.

Tim

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Dear Tim,

Without filing an accompanying adversary proceeding with your bankruptcy there would be no discharge of the student loans unless the statute of limitations had expired on the loans before you filed your bankruptcy. But I'm not a lawyer and that's a technical matter you'd need to discuss with a bankruptcy attorney who is licensed n your state. You might want to try here.

The odds are significant that if you simply listed the private student loan lender on your bankruptcy papers and filed them then the loan would not be automatically discharged. Unfortunately this is a classic example of the value of a good bankruptcy attorney when you file.

Private student loans can be discharged when following the correct procedure and here are examples of private student loans that were reduced or eliminated in a bankruptcy.

Where you went to school is important as well. See this.

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